Search Results for: exploitative

Contrast this situation with the situation of “Trainees” and other visa statuses in Japan:

HCB: It didn’t take long for the 30-year-old Japanese pastry chef to realize that she was getting the raw end of the deal. She had arrived in Hawaii only days before, lured by a promise of pastry training as part of a cultural exchange program run by the U.S. State Department. The terms of her stay, under a visa known as J-1, were to spend the next 18 months working in the kitchen of a Waikiki restaurant — six days a week on 8-hour shifts beginning at 6:30 a.m. But she found herself toiling inside the kitchen in a shift that began at 5:30 a.m. and stretched to 12 hours — without any breaks or overtime pay.

In 2012, a Japanese pastry chef arrived in Hawaii on a J-1 visa, only to find herself working at a Waikiki restaurant in sweatshop conditions. She requested her name and the name of the restaurant not be used. When she complained, she said no one lent a sympathetic ear. Initially, she said she was told that none of the restaurants in Hawaii offered any breaks. And, if she were to work on a shorter shift, her salary would have to be reduced accordingly. Unsatisfied, she went to her American sponsor organization and its Japanese contractors that had matched her up with the restaurant, but she said her pleas for their intervention were met with threats that her visa could be taken away. Soon, it dawned on her that she faced a Faustian choice: endure the grueling conditions at the restaurant or risk being deported for not showing up to work…

When Debito.org last seriously talked about the issue of Japan’s foreign “Trainees” (i.e. NJ brought over by the GOJ who are allegedly “in occupational training”, therefore not qualifying as “workers” entitled to labor law protections), it was back in July 2010, when news broke about the death of 27 of them in 2009. The news to me was that it was only the SECOND worst casualty rate on record. Even more scandalous was that about a third of the total dead NJ (as in eight) had died of, quote, “unknown causes” (as if that’s a sufficient explanation). Kyodo News back then rather ignorantly observed how problematic the “Trainee” system has been, stating that “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. Hardly “recent” even back then: Despite years of calls to fix or abolish the program entirely, with official condemnations in 2006 of it as “a swindle”, and the UN in 2010 essentially calling it slavery (see article below), it was still causing deaths at the rate of two or three NJ a month. (The irony was that karoushi (death from overwork) was a big media event when Japanese were dying of it. Clearly less so when NJ die.)

Now sit down for this news: The GOJ is seeking not to reform the “Trainee” system, but rather to EXPAND it. As the article indicates below, we’ve gotta get more cheap, disposable, and ultimately expendable foreigners to build our Tokyo Olympics in time for 2020. And then we can round them up once their visas expire and deport them (that is, if they’re still alive), like we did back in Nagano for the 1998 Olympics.

This is precisely the type of exploitative capitalism that creates Marxists. But again, who in Japan empathizes with NJ workers? They’re only here to earn money and then go home, right? So they deserve to be exploited, runs the common national narrative. And under that discourse, no matter how bad it gets for them (and so far it really, really has), no amount of domestic or international condemnation will stop it.

Mainichi: “A group of strawberry farmers will have to pay a combined 30 million yen in unpaid and overtime wages, and reinstate five Chinese trainees who were unfairly dismissed after losing a class action suit brought against them by their employees.” Great precedent set against exploitation of NJ “guest labor”.

JT: The Cabinet approved a bill Friday that would overhaul the nation’s immigration control law by introducing new visa categories for foreign workers, in an attempt to address the graying population and shrinking workforce. “Creating a new residence status to accept foreign workers is of utmost importance as the nation’s population declines and businesses suffer from lack of personnel,” Chief Cabinet Secretary Yoshihide Suga said at a news conference on the day.

Although details remain hazy, the new bill marks a departure from previous policy in allowing foreign individuals to work in blue-collar industries for a potentially indefinite amount of time if certain conditions, such as holding a valid employment contract, are met. Yet amid concerns over whether the nation has the infrastructure and environment to accommodate an inflow of foreign workers, the government has categorically denied that the overhaul will open the doors to immigrants. “We are not adopting a policy on people who will settle permanently in the country, or so-called immigrants,” Prime Minister Shinzo Abe told the Lower House Budget Committee on Thursday. “The new system we are creating is based on the premise that the workers will work in sectors suffering labor shortages, for a limited time, in certain cases without bringing their families.”…

COMMENT: As the JT notes, the next wave of NJ temp labor has been officially approved by the Abe Cabinet. The new statuses mostly still have the caveat of being temp, unrooted labor (bringing over families is expressly verboten). And you can qualify for something better if you manage to last, oh, ten years — around one-fifth of a person’s total productive working life. Because, as the JT reported in a follow-up article days later, time spent working under these visa statuses in particular does NOT count towards their required “working period” when applying for Permanent Residency.

Another interesting part of this article is the bit about how many Indentured “Trainee” NJ workers had “gone missing” from their generally harsh modern-slavery working conditions (4,279) so far this year, and how it might even exceed last year’s record total of 7,089. Anyway, with the news above, the GOJ looks set to invite in even more people, in even more work sectors, and with the regular “revolving-door” work status (i.e., not make immigrants out of them). Some people have gotten wise to this practice and are staying away from Japan, but I bet many won’t. Unless we let them know in venues like Debito.org.

Nikkei: Japan’s new residency program for fourth-generation Japanese descendants living overseas did not attract a single Japanese-Brazilian applicant in its first three months. The program, launched in July, allows descendants ranging in age from 18 to 30 to stay in Japan for up to five years and perform specific types of work. The goal is to ease Japan’s labor shortage, and the Justice Ministry initially expected to accept 4,000 people a year. But the Japanese Embassy and consulates in Brazil had not received any applications as of the end of September… Despite the need for new sources of labor, Japan’s government has insisted participants in the program would not be considered immigrants. An organization representing Japanese descendants in Brazil blasted Japan for “treating Japanese-Brazilians, who are their compatriots, as unskilled workers for a limited period.”

COMMENT: Here’s the latest installment of what I like to call “the jig is up” phenomenon affecting Japan’s public policy, specifically the one that is trying to maintain Japan’s exploitative “revolving-door” NJ labor market. The Nihon Keizai Shinbun has given us an inadvertently amusing article about how the government’s latest policy U-turn towards the Nikkei Brazilian Community (whom they officially bribed to leave Japan a decade ago), and how this wheeze simply isn’t working. ZERO applicants applied for a special labor program in three months. Even though the NJ resident population is at an all-time postwar high, some people have learned their lesson: don’t come to Japan just to be exploited and then summarily sent home.

Finally, a quarter-century into the horrible government-sponsored NJ “Trainee” program, the GOJ is now releasing actual hard statistics about the people it is killing. And you can see why it took so long–the numbers are shameful enough to warrant a cover-up: Between 2014 and 2017, 22 NJ died (almost all due to workplace accidents, but at least one was probably being worked to death). This is more than twice the on-job fatality rate for J workers. There were also 475 cases of serious accidents to NJ “Trainees”, and, as activists point out below, this figure is probably understated.

A contrarian might argue that NJ are just accident-prone. But as the article describes below, working conditions are simply awful, not to mention generally illegal. And as as Debito.org has pointed out repeatedly over the decades, “the program is rife with abuse: exploitation under sweatshop conditions, restrictions on movement, unsafe workplaces, uncompensated work and work-site injuries, bullying and violence, physical and mental abuse, sexual harassment, death from overwork and suicide — even slavery and murder. Things have not improved in recent years. The Health, Labor and Welfare Ministry announced that about 70 percent of some 5,200 companies that accepted trainees in 2015 violated laws, and in 2016 a record 4,004 employers engaged in illegal activities. The program is so rotten that even the United Nations demanded Japan scrap it.” (From Japan Times, Jan. 3, 2018, Item 4)

Anyway, let’s celebrate that we have some official statistics at last, for without them, it’s easy to see why this program can keep going for a quarter-century with little political traction to improve it.

In the wake of my previous blog entry about a new exploitative visa system for the next generation of Nikkei workers, here’s a hand-wringing article from the Asahi about how people don’t (but really should) accept NJ as part of Japanese society. It seems like these articles are cyclical — I remember them from a good ten years ago (for example here and here and here and here). Fortunately, the Asahi draws the same conclusions I would. Alas, next serious economic downturn, all this will be out of the window and foreigners will be unaccepted again.

Asahi: Foreign workers in Japan are increasingly being seen as a valuable resource amid Japan’s declining birthrate and growing elderly population. However, recent headlines in the media express concern about the influx of immigrants. “Should we accept immigrants?” one publication asked. Another worried that, “What will happen if foreigners become our bosses?” The reality is that the number of foreign workers now totals more than 1 million. Japanese are increasingly coming in contact with foreigners in their daily lives, so they are no longer an “invisible presence.” Acceptance is unavoidable

Ten years after bribing and booting out its Nikkei “Returnee” workers from South America (who had been given sweetheart visas of de facto Permanent Residency, higher-paying jobs than the “Trainee” slaves from places like China (but still lower than real Japanese, natch)), and four years after lifting a ban on their return, the government has officially decided to introduce a new residency status to exploit the next (4th) generation of Nikkei. As long as they a) speak Japanese, b) are young enough to devote their best working years here, c) come alone, and d) only stay three years. Those are some tweaks that makes things less advantageous for the foreigner, so I guess the previous racist policy favoring Wajin foreigners has been improved (as far as the government is concerned) to keep them disposable, and less likely to need a bribe to go home when the next economic downturn happens. That’s how the Japanese government learns from its mistakes — by making the visa status more exclusionary and exploitative.

The resurgence of Japan’s import labor regime has resumed in earnest, reaching a record at least in the Postwar Era. (Remember that during WWII, Japan’s internal colonial population, as in workers imported from its colonies, was very high; people from the Korean peninsula alone in 1945 were more than two million.) Now as of 2016, the NJ worker total has hit 1 million, according to Reuters below.

There is some fine print this article should have noted. This “record one million” is of workers, not registered residents alone (which is in fact more than twice the number, at 2.23 million as of 2015), since they have dependents (i.e., spouses with non-work visas and children). But within this one million are people who are not technically “workers” (roudousha), but “Trainees” (kenkyuusei or jisshuusei), who aren’t officially protected by Japan labor laws and are exposed to all manner of abuses, including slavery.

So calling them all “workers” is misleading both in terms of terminology and legal status. Especially since, as the article does rightly note, they are making up 20% of the total, or around 200,000 unprotected NJ laborers. Now that their numbers have shot up by 25% over one year alone, we can expect that 70% of all their employers will likely expose them to labor abuses.

These are not happy statistics, and for the article to lack this degree of nuance (especially since Reuters itself has done marvelous exposes in the past, even calling “Trainee” employers “sweatshops in disguise”) is at this point an institutional memory problem.

Another problem is the article implying that there is any actual attempt to, quote, “open gates to immigrants”. Immigration (imin) has never been part of Japan’s policy calculations (and I challenge the journalists researching this article to find that exact word in any of the cited policy directives; their citing a construction company manager, in the unlikely event that he actually used the word imin, is still indicative of nothing) — only temporary stopgap laborers who will give their best working lives and then be sent home at the first economic downturn. As has happened before, most cruelly.

As much as the article might be trying to attract eyeballs by putting a superlative “record number of” in the headline (and once again sneaking in an angle of hope of actual “immigration” happening), the only change that has happened here is that more NJ are being processed by an exploitative system — one that has by design remained relatively unchanged for nearly three decades, and moreover has been expanded to exploit even more. So many misdirected angles here.

NOT SO GOOD
5) Onur on Fukuoka hotel check-ins in: Police creating unlawful “foreign passport check” signs in the name of (and without the knowledge of) local govt. authorities!
6) JT: The flip side of coveted public-sector jobs in Japan: fewer rights, by being excepted from labor laws
7) Japan Times: “Five-year rule” triggers “Tohoku college massacre” of jobs; harbinger of a larger looming purge, sez Debito.org
8 ) CR on how Japan’s blue-chip companies (Canon) get around new Labor Contract Law: Special temp job statuses and capped contracts for NJ
9) Japan Times: “Riding while foreign on JR Kyushu can be a costly business” (re train ticket discounts in Japanese only)

… and finally…
10) Japan Times JBC column 103: “Trump’s lesson: You can lie your way to the very top”, Nov. 16, 2016
11) Tangent: James Michener’s “Presidential Lottery” (1969) on dangerous US Electoral College

Debito: Here’s a submission from Debito.org Reader CR, about the application of the “five year rule” of Japanese Labor Contract Law in Japan’s blue-chip companies. Although the 2013 revision in the law was meant to say, “five years of contract renewals means you must rehire the person as a regular employee (sei sha-in) without a contract” (which would end the exploitative system of unstable employment through perpetual contracting), it’s had the opposite effect: encouraging employers to cap the contracts at five years. Meaning that starting from April 1, 2018, five years since the revised Labor Contract Law took effect, we’re expecting to see a mass firing of Japan’s contract laborers.

This is precisely what has been happening to Japan’s non-tenured foreign academics for generations in Japan’s Academic Apartheid System, with the occasional “massacre” of older Japanese contracted academics just to save money, but now it’s being expanded systemwide to the non-academic private sector. We’ve seen rumblings of its application at Tohoku University for everyone. But of course we have to make it even worse for foreign workers: At Canon, one of Japan’s flagship companies, NJ are being given special “temp” employment categories with contracts explicitly capped at five years from the outset. One more reason to read your employment contracts carefully, if not avoid entirely the increasingly unstable and segregated jobs in Japanese companies.

As CR concludes, “It’s difficult to work in an environment where there are clear discriminations such as this. Note that while I believe the discriminations are racially-based, the only thing that is visible is based off nationality. I don’t know how the company handles NJ who have naturalized, or even if any naturalized Japanese citizens are among the employee ranks. It rankles even more because there are always various “Compliance”-related initiatives, announcements, and activities, to show employees how important it is to play fair, not discriminate, follow the rules and the law, etc. So, big, established, famous, international Japanese companies are already putting discriminatory clauses that violate the spirit, if not exactly the letter, of the law into the contracts of NJ. Also, this effectively puts the kibosh on any potential promotions of NJ; you cannot be promoted as a contract employee. The glass ceiling is alive and well.”

Japan Times: The [Industrial Trainee and Technical Internship Program], however, has not been without its critics. Japan’s top ally, the U.S., has even singled it out, with the State Department’s annual Trafficking in Persons Report for years slamming the program’s “deceptive recruitment practices.” “The (Japanese) government did not prosecute or convict forced labor perpetrators despite allegations of labor trafficking in the TTIP,” it said this year, using the program’s acronym.

Past allegations include unpaid overtime work, karoshi (death from overwork), and all kinds of harassment, including company managers restricting the use of toilets or demanding sexual services. The government rejects claims the program is abusive, yet acknowledges there have been some upstream problems. “It is true that some involved in the system have exploited it, but the government has acted against that,” an immigration official said. “It is not a system of slave labor.” The official insisted it was not in authorities’ power to control the behavior of middlemen but insisted they were not allowed to charge deposit fees. “It is also banned for employers to take away trainees’ passports,” he added.

Prime Minister Shinzo Abe has unveiled a plan to expand the program that would allow foreign trainees to stay in Japan for five years instead of three, and says such labor will increasingly be needed, particularly in the construction boom ahead of the 2020 Tokyo Olympics. Abe is also aware that the nation’s health care sector must increasingly look abroad to fill the shortage of workers. “It has been said that we will need 1 million caregivers for the elderly by 2025, which would be impossible to handle only with the Japanese population,” said Tatsumi Kenmochi, a manager at a care home near Tokyo that employs Indonesian nurses. For Kenmochi, foreign staff are a precious commodity and the sector must do as much as it can to make them feel welcome. “It must be hard to leave home and work overseas,” he said. “We make sure that they don’t get homesick, listening to them and sometimes going out to have a warm bowl of noodles with them.”

Torii of Solidarity Network With Migrants Japan said this is just the kind of attitude Japan needs to learn: “The issue is not whether we accept immigrants or not. They are already here, playing a vital role in our society.”

JBC: Ever noticed how Japan — and in particular, its ruling elite — keeps getting away with astonishing bigotry? Recently Ayako Sono, a former adviser of the current Shinzo Abe government, sang the praises of a segregated South Africa, advocating a system where people would live separately by race in Japan (a “Japartheid,” if you will). But that’s but the latest stitch in a rich tapestry of offensive remarks.

Remember former Tokyo Gov. Shintaro Ishihara’s claim that “old women who live after losing their reproductive function are useless and committing a sin,” or his attribution of Chinese criminality to “ethnic DNA” (both 2001)? Or former Prime Minister Taro Aso admiring Nazi subterfuge in changing Germany’s prewar constitution (2013), arguing that Western diplomats cannot solve problems in the Middle East because of their “blue eyes and blond hair,” and advocating policies to attract “rich Jews” to Japan (both 2001)? Or then-Prime Minister Yasuhiro Nakasone declaring Japan to be “an intelligent society” because it was “monoracial,” without the “blacks, Puerto Ricans and Mexicans” that dragged down America’s average level of education (1986)?

Although their statements invited international and domestic protest, none of these people were drummed out of office or even exiled to the political wilderness. Why? Because people keep passing off such behavior as symptomatic of “weird, quirky Japan,” i.e., “They say these things because they are Japanese – trapped in uniquely insular mentalities after a long self-imposed isolation (sakoku).”

Such excuses sound lame and belittling when you consider that it’s been 160 years since Japan ended its isolation, during which time it has successfully copied contemporary methods of getting rich, waging war and integrating into the global market.

This treatment also goes beyond the blind-eyeing usually accorded to allies due to geopolitical realpolitik. In the past, analysts have gone so gaga over the country’s putative uniqueness that they have claimed Japan is an exception from worldwide socioeconomic factors including racism, postcolonial critique and (until the bubble era ended) even basic economic theory!

So why does Japan keep getting a free pass? Perhaps it’s time to start looking at “Japaneseness” through a different lens: as a religion. It’s more insightful…
===================================

Read the rest in the Japan Times at http://www.japantimes.co.jp/community/2015/04/05/issues/viewed-religious-lens-japan-makes-sense/. This will be the anchor site, so feel free to comment below.

Opening: Japan’s pundits are at it again: debating what to do about the sinking demographic ship. With the low birthrate, aging and shrinking society (we dropped below 127 million this year) and top-heavy social security system, Japan’s structural problems will by many accounts spell national insolvency.

However, we’re hearing the same old sky pies: Proposals to plug the gaps with more Japanese babies, higher retirement ages, more empowered women in the workplace — even tax money thrown at matchmaking services!

And yet they still won’t work. Policymakers are working backwards from conclusions and not addressing the structural problems, e.g., that people are deserting a depopulating countryside for urban opportunities in an overly centralized governmental system, marrying later (if at all) and finding children too expensive or cumbersome for cramped living spaces, having both spouses work just to stay afloat, and feeling perpetual disappointment over a lack of control over their lives. And all thanks to a sequestered ruling political and bureaucratic elite whose basic training is in status-quo maintenance, not problem-solving for people they share nothing in common with.

Of course, proposals have resurfaced about letting in more non-Japanese (NJ) to work….

STEPS OF UNKNOWN VALUE
7) Scholar Majima Ayu on how the racial discrimination inherent in America’s Japanese Exclusion Act of 1924 caused all manner of Japanese craziness
8 ) Economist: China to become world’s largest economy by end-2014. Will USA react to being overtaken similar to Japan?

4) Interesting cases: naturalized Japanese sues city councilor fiance who jilted her for Korean ethnicity, Pakistani parents file criminal complaint for injurious school bullying, Hatoyama Yukio officially called “traitor” for not toeing official party line on Senkaku/Nanjing issues

THE UGLY SIDE OF JAPAN’S RIGHTWARD SHIFT (2): ELITE DOMINANCE AND INSULARITY

5) Prof. Kashiwazaki Chikako: Japan’s Nationality Law and immigration policy deviates from current international legal norm
6) SITYS: GOJ’s new “Points System” to attract “higher-skilled” NJ being reviewed due to dearth of applications, impossibly high hurdles
7) JT/Kyodo: Record high applicants for J refugee status. Why media fixation on refugees? Because they are a bellwether of Japan’s “legitimacy as a competent, advanced, Western democracy”
8 ) Asahi: Business leaders call for law to allow firing of workers without justification: i.e., the gaijinization of all workplaces
9) JT on “Kyakkan Setsu vs. Nibun Setsu”: Grey zones in compensation for “work hours” in Japan

… and finally…
10) Japan Times JUST BE CAUSE Col 61 March 5, 2013: “Child’s quibble with U.S. ‘poverty superpower’ propaganda unravels a sobering story about insular Japan”

Asahi: Business leaders at a government panel have proposed that employers in Japan be allowed to fire workers at their discretion as a way to improve the nation’s economic growth. Members of the Industrial Competitiveness Council called March 15 for rules that will, in principle, allow employers to dismiss regular employees freely if the workers are compensated with “re-employment support.” The council is chaired by Prime Minister Shinzo Abe.

COMMENT: Debito.org has previously discussed the curious phenomenon of “Gaijin as Guinea Pig”, where future reforms that put the general public at a disadvantage to the elite are first tested out and normalized through application on Japan’s foreigners. For example, “Academic Apartheid” (the practice of contracting all NJ educators while granting Japanese educators tenure from day one in Japan’s higher education system) gave way to contract employment for every educator in 1997. More examples here. Now according to the Asahi we have the previous legally-enshrined practice of making all workers (roudousha) protected by Japan’s labor laws being chipped away at. Previously seen in the labor-law exemption given NJ workers under “Trainee” Visas (e.g., foreign factory workers, farm laborers, caregivers), we are now seeing a similar push to exempt all Japanese workers from labor law protections. Japan hopes to make themselves more attractive to international labor migration when they’re in process of making an exploitative labor market even more so, for everybody? Again, deserves to be known about.

Let’s have a look at what’s becoming of Japan’s latest “revolving door” labor visa regime scam (after the “Trainees”, the “Nikkei Returnees”, and the “Points System”): the “foreign caregivers”, which has ground to a halt due to the (otherwise fully-qualified) NJ health professionals themselves realizing that the systematic barriers were creating an exploitative regime. So now according to Kyodo News it looks like it’s being scaled back. But not without kicking someone in the ribs first. As submitter JDG notes:

“The foreign caregiver program was launched because there was a realization that the looming shortage of caregivers to meet Japan’s aging population had already arrived. However, as you have documented, from it’s inception it has been riddled with unrealistic expectations, low pay, harsh conditions, few incentives, and subject to some strange accounting.

“Well, here is the logical conclusion: foreign caregivers are ‘gaijin criminals taking advantage of the system’. Rather than examining what is wrong with the system, the (of course) natural response by officials is to make the program even tougher to live with for caregivers. Only a Kyoto University Prof. seems to have any sense about him. I would say that this development will mark the end (in real terms) of the program. Of course, it’s all the NJ’s fault…”

Yomiuri: Regarding conditions for foreign trainees in Japan, the [US State Department] noted “the media and NGOs continued to report abuses including debt bondage, restrictions on movement, unpaid wages, overtime, fraud and contracting workers out to different employers–elements which contribute to situations of trafficking.” The Japanese government has not officially recognized the existence of such problems, the report said. It also said Japan “did not identify or provide protection to any victims of forced labor.”

Asahi: The report said, “Japan is a destination, source, and transit country for men, women, and children subjected to forced labor and sex trafficking… The State Department recommended the Japanese government strengthen efforts to investigate, prosecute and punish acts of forced labor, including those that fall within the foreign trainee program.

COMMENT: The U.S. State Department report text in full included in this blog entry.

NYT: For businesses, the government-sponsored trainee program has offered a loophole to hiring foreign workers. But with little legal protection, the indentured work force is exposed to substandard, sometimes even deadly, working conditions, critics say.

Government records show that at least 127 of the trainees have died since 2005 — or one of about every 2,600 trainees, which experts say is a high death rate for young people who must pass stringent physicals to enter the program. Many deaths involved strokes or heart failure that worker rights groups attribute to the strain of excessive labor.

The Justice Ministry found more than 400 cases of mistreatment of trainees at companies across Japan in 2009, including failing to pay legal wages and exposing trainees to dangerous work conditions. This month, labor inspectors in central Japan ruled that a 31-year-old Chinese trainee, Jiang Xiaodong, had died from heart failure induced by overwork.

Under pressure by human rights groups and a string of court cases, the government has begun to address some of the program’s worst abuses. The United Nations has urged Japan to scrap it altogether…

The Japan International Training Cooperation Organization, or Jitco, which operates the program, said it was aware some companies had abused the system and that it was taking steps to crack down on the worst cases. The organization plans to ensure that “trainees receive legal protection, and that cases of fraud are eliminated,” Jitco said in a written response to questions…

As part of the government’s effort to clean up the program, beginning July 1, minimum wage and other labor protections have for the first time been applied to first-year workers. The government has also banned the confiscating of trainees’ passports.

But experts say it will be hard to change the program’s culture… “If these businesses hired Japanese workers, they would have to pay,” said Kimihiro Komatsu, a labor consultant in Hiroshima. “But trainees work for a bare minimum,” he said. “Japan can’t afford to stop.”

Table of Contents:
CALLS FOR CHANGE, WELL MAYBE NOT:
1) JET Programme on GOJ chopping block: Appeal from JQ Magazine and JETAA in NYC (plus Debito.org Poll)
2) Powerpoint presentation: “Japan Past the Point of No Return”
3) Alarmist Nikkei Business cover re Chinese business practices: “Chapan: Your new boss is Chinese”
4) Japan Times: LDP & rightists still clinging to anti NJ PR Suffrage, even though not an issue in this election
5) Metropolis Mag has thoughtful article regarding the convoluted debate for NJ PR suffrage
6) Japan Times Zeit Gist on how NJ can participate in Japanese elections
7) Japan Times & Kyodo: Foreign “trainees” dying at rate of two to three a month, takes two years for one to be declared “from overwork” (karoushi), more than a quarter from “unknown causes”
8 ) IMADR Connect Magazine article on recent UN visit by High Commissioner of Human Rights to Japan May 2010

CRIME AND PUNISHMENT, WELL MAYBE NOT:
9) Japan Times’ Colin Jones on Japanese enforcement of vague laws: “No need to know the law, but you must obey it”
10) FCCJ No.1 Shimbun & Jiji on Japanese police’s extralegal powers, and how that power corrupts
11) Kyodo: Police raid car scrap yards run by NJ, suspecting them as “breeding grounds for crime”
12) NYT guest column on racial profiling of Japanese for “looking too tall and dark”. Just like arrest of “foreign-looking” Japanese back in 2006.
13) TBS: Daring heist of expensive watches in Sapporo. So daring it might have been foreigners!, says Hokkaido Police
14) J protesters of “The Cove” lose injunction in Yokohama District Court, cannot stop screenings, so they target people’s homes for intimidation
15) DEBITO.ORG PODCAST JULY 1, 2010

TANGENTS
16) Newsweek: Immigrants do not increase crime
17) How the US deals with Arizona racial profiling: Federal lawsuits and Jon Stewart humor
18) Activist Junichi Sato on International Whaling Commission corruption and GOJ/NPA collusion
19) Canada spending even more than Japan this time on G8/G20 summits. However, controversy ensues.
20) Yours is no disgrace, World Cup Japan Team. Otsukare. I hope the J media does not spin this as a loss.
21) Sunday Tangent: “A Growing Love for ‘Cool Japan'” by Akira Yamada (of MOFA)

… and finally …

22) JUST BE CAUSE column July 6, 2010: “Japan’s hostile hosteling industry”: how government agencies want NJ tourists yet are accessories to excluding them (full text)

Kyodo: Twenty-seven foreign nationals who came to Japan for employment under a government-authorized training program died in fiscal 2009, the second worst figure on record, government officials said Monday. The number was the second largest, following the 35 foreign nationals who died in fiscal 2008. This could trigger moves toward revising the government program, first launched in 1993, as a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages.

Separate Kyodo: A labor office in Ibaraki Prefecture will acknowledge that a Chinese national working as an intern at a local firm under a government-authorized training program died from overwork in 2008, marking the first foreign trainee “karoshi” death from overwork, sources said Friday….

COMMENTS: Taste the ironies in these articles. First, how in 2009, the death of 27 “Trainees” (i.e. people brought over by the GOJ who as people allegedly “in occupational training” don’t qualify as “workers” (roudousha) entitled to labor law protections) is only the SECOND worst figure on record. Second, how we have close to a third (as in eight NJ) of the total dying of “unknown causes” (as if that’s a sufficient explanation; don’t they have autopsies in Japan to fix that? Oh wait, not always.) Third, how about the stunning ignorance of the sentence, “a number of irregular practices have recently been observed, such as having foreign trainees work for long hours with below-minimum wages”. If the Kyodo reporter had bothered to do research of his media databases, he’d realize it’s hardly “recent” at all. And it’s not being fixed, despite official condemnation in 2006 of the visa regime as “a swindle” and death after death (at a rate two to three per month) racking up. Karoushi was a big media event way back when when Japanese were dying of it. Less so it seems when NJ are croaking from it. Finally, look how it only took about two years for “a labor office” to admit that a NJ “trainee” had been worked to death, given the hours he worked that were a part of the record? Gee whiz, what Sherlocking! How many more people have to die before this exploitative and even deadly system is done away with?

TOKYO – The UN expert on migrants’ human rights on Wednesday praised Japan for some of the measures it has taken to alleviate the impact of the economic crisis on migrants, but, based on information provided by civil society, he noted that it is still facing a range of challenges, including racism and discrimination, exploitation, a tendency by the judiciary and police to ignore their rights and the overall lack of a comprehensive immigration policy that incorporates human rights protection…

The Special Rapporteur said, many challenges still need to be addressed by the Government in order to protect the human rights of migrants and their children. He listed some of the most important, along with some preliminary recommendations on how to improve the situation:

Some good news worth bringing up here for discussion. The upcoming Immigration guideline changes that would have required enrollment in Japan social insurance for visa renewals has been dropped, or at least deleted from their checklist of requirements.

On balance, this is a good thing. I have heard plenty of complaints from NJ saying how they would have to stump up full back payments for insurance that their employer should have paid half of (but utilized the cut-off starting point of 30 hours/week for “full-time” mandatory employer insurance contributions by employing their NJ staff contractually for 29.5 hours), or be denied a visa renewal. Of course, Japan’s (pretty weak) labor law enforcement bodies should have gone after these exploitative employers, but Immigration instead did the quick and dirty (and, yes, sensible) step you see below of just snipping out the guideline. It’s still a good thing, in that pressure for flexibility in the system for NJ who may have otherwise been shafted both ways by the system did win out.

First a Japan Times article excerpt, then a rebuttal from Debito.org Reader TA sent to the editor of the Japan Times, regarding the conflict of interest the advocate Free Choice Foundation has in this issue, et al.

Table of Contents:
PUSHES ONE WAY
1) Kyodo: Municipal govts call for GOJ agency to help foreigners. Again.
2) Way cool Coldwell Banker SAPPORO SOURCE advertisement offering assistance with NJ apartment searches
3) Aly Rustom on how he got out of a Gaijin Card Check by J-cops
4) Michael Moore lambastes GOJ for being fingerprinted at border during his first Japan trip

PUSHES BACK
5) Anti-NJ suffrage protests in Shibuya Nov 28 2009. The invective in flyers and banners: “Japan is in danger!”
6) Int’l Child Abduction issue update: Chinese found guilty in J court of abducting daughters, MOFA sets up panel on issue
7) ADDENDUM: Paul Toland on US Congressional side of Japan Child Abductions Issue
8 ) Kyodo: numerical figures on how many NJ took last April’s “Nikkei Repatriation Bribe”

Japan Times: We are about to start a new decade. This past one has been pretty rotten for NJ residents. Recall the campaigns: Kicked off by Tokyo Gov. Shintaro Ishihara’s “Sankokujin Speech” in 2000, where he called upon the Self-Defense Forces to round up foreigners in the event of a natural disaster, we have had periodic public panics (al-Qaida, SARS, H1N1, the G8 Summits and the World Cup), politicians, police and media bashing foreigners as criminals and terrorists, the reinstitution of fingerprinting, and increased NJ tracking through hotels, workplaces and RFID (radio-frequency identification) “gaijin cards”. In other words, the 2000s saw the public image of NJ converted from “misunderstood outsider” to “social destabilizer”; government surveys even showed that an increasing majority of Japanese think NJ deserve fewer human rights!

Let’s change course. If Hatoyama is as serious as he says he is about putting legislation back in the hands of elected officials, it’s high time to countermand the elite bureaucratic xenophobes that pass for policymakers in Japan. Grant some concessions to non-citizens to make immigration to Japan more attractive.

Otherwise, potential immigrants will just go someplace else. Japan, which will soon drop to third place in the ranking of world economies, will be all the poorer for it.

Japan Times review: The plight of foreign “trainees” in Japan, who often provide cheap labor at factories and in farm fields with no access to labor rights protection, is usually not something you discuss leisurely over a cup of coffee or a mug of beer. But people who showed up last month at Ben’s Cafe in Tokyo had an opportunity to do just that — at the screening of a German-Japanese collaboration, the documentary film “Sour Strawberries.”

Tensions rise toward the end of the film, when Chinese trainees who sought help from a labor union are forcibly taken to Narita airport to be sent back to their countries.

The subsequent scuffle — between the workers and the private security guards hired by the employer — was videotaped by union officials — and provided to the filmmakers to be incorporated into the film. Another highlight is where Arudou takes the film crew to Kabukicho — Tokyo’s night-life mecca in Shinjuku — for a showdown with officials from a nightclub with a sign out front saying “Japanese only.”…

Editorial: The number of regular foreign employees has also leaped to its highest level ever, giving evidence that the new workers are not merely here for a few years, but intend to stay much longer.

More than one-third of all foreign workers are listed as heads of household with contract worker or temporary worker status. This suggests that many of these workers are starting to call Japan home. Workers are still coming over for short-term work, but even those short-termers are working here for increasingly longer periods of time.

Having all workers documented by companies and reported to the government signals a more responsible approach than the often-exploitative conditions for many foreign workers in the past. Though the total percentage still remains small, these workers are integrating more deeply into Japanese workplaces and society. That integration demands better conditions and a more concerted effort to find ways of successful and productive integration. Finding the right way forward on this issue is rather tricky, but can be expedited by focusing on the essentials of work and health.

First of all, it is essential that past problems with foreign workers be resolved. The importing of “trainees” and “interns,” terms often used to cover up exploitative and even illegal work practices in the past, needs closer oversight. Foreign workers should also be enrolled in social insurance, including pensions and health care, on an equal basis with Japanese workers. Contracts, too, need to be better negotiated and clearly written. When contracts are broken, on an individual or large-scale basis, foreign workers should be assured of the same rights as Japanese.

Although the US is certainly no paragon of human rights worldwide (what with torture, renditions, abuses under SOFA, denial of Habeas Corpus to non-citizens, Guantanamo, Abu Ghraib, and the largest arms sales worldwide, to name but a few caveats under this administration), here is their annual report on human rights in Japan in full. For what it’s worth. Note how the situation of “Japanese Only” signs nationwide is no longer mentioned, like it was in previous reports. I guess the US State Department considers the situation resolved. I beg to differ.

7) Asahi on how the GOJ doesn’t recognize NJ schools for tax funding, and why they should
8) Kyodo on USG pressure on Japan to do more fingerprinting
9) “Japanese Only” sign in Tsukiji Fish Market
10) Japan Times on Tsukiji’s tamping down on tourism
11) Alex Kerr on being a “Yokoso Ambassador” for the GOJ
12) DPJ at odds with itself over NJ voting rights

SPEECHES, PODCASTS, TV SPOTS, AND A BOOK TOUR

13) Italian TV SKY TG 24 on the Sapporo Snow Festival… and racial discrimination in Japan
14) January 22, 2008 speech to Waseda’s Global Institute for Asian Regional Integration, podcast and soundfiles in full
15) HANDBOOK FOR NEWCOMERS on sale March 15, Japan Book Tour March 15 to April 1…

My latest ronbun at Japan Focus.com, an academic website out of Cornell University, with a synopsis of Japan’s internationalization: From Migrants to Immigrants, immigration continues, despite the disincentives.

Yomiuri on GOJ moves regarding exploitative NJ Trainee Visa program: One official said, “It’s too drastic to say the system should be scrapped just because there is a discrepancy between the goal and the reality.” Another was concerned the plan would completely overturn the government’s policy of not accepting foreign manual laborers, while a third said, “The current system has been, to a certain degree, effective as part of the nation’s international contribution.”

But all three ministries agree that a revised or completely new system should include measures to crackdown on overstayers through tighter immigration controls, and improvements in managing foreign workers’ information.